Section 53.05. Adoption searches.

 

(1)   Requesting a search.

(a) To initiate a search, a requester shall submit a completed application form to the department.

(b) The requester may specify that the search be restricted to only that adoption record information available within the agency's internal files.

(c) Before acting on a request for birth parent identity and location, the department or agency shall require adequate identification to ensure that the requester is indeed the adoptee and is 21 years of age or over.

(d) A request for medical or genetic information shall be given priority attention by the department or agency and search activities immediately initiated if the request is accompanied by a written statement from a physician certifying that there is a medical emergency for which the information is required.

(e) Requesters' applications shall be acted upon in the order that the applications are received, except that requests under par. (d) shall have priority over other requests.

(2)   Adoption search procedures.

(a)

1. The department or agency shall diligently conduct adoption searches for birth parents. A search is not considered complete until a birth parent has been located and contacted or all reasonable means for locating and contacting a birth parent are exhausted, unless the requester has specified under sub. (1) (b) that the search be restricted.

2. A search shall be initiated by the department or agency on the date that all of the following have been completed:

a. The completed and signed application has been received;

b. The identity of the requester is confirmed; and

c. The initial fee required under sub. (3) (c) for the first hour of service has been received.

3. The department or agency shall complete the search and inform the requester of the results within 6 months after initiating the search, unless:

a. A request involves searching for information from sources outside the department or agency and not readily accessible to department or agency staff;

b. A search is delayed by one or both birth parents who want additional time before signing or submitting an affidavit to the department or agency; or

c. A search has been completed by the department or agency without a birth parent being located, and the requester asks that additional efforts be made by the department or agency.

(b) To the extent allowed by law, adoption search activities shall include, but are not limited to, checking:

1. The current address on file at the department or agency;

2. Known close birth relatives who may know the location of the birth parent;

3. Directories;

4. Motor vehicle records;

5. Marriage and death certificates;

6. The family's physician;

7. Occupational licensing boards if applicable to the birth parent's occupation;

8. Church records;

9. Public agency records;

10. Divorce records; and

11. Probate records.

(c) Employees of the department or agency conducting an adoption search for birth parents may not inform anyone other than the birth parents about the purpose of the search.

(d) When it appears that a sought-after birth parent has been identified and located, the searcher shall first attempt to make contact with the birth parent by telephone. If the presumed birth parent has no telephone or cannot be contacted by telephone, the searcher shall attempt contact through either a home visit or a letter.

1. Whether the searcher attempts contact by letter or home visit, the contact shall be handled in a sensitive manner.

2. If a letter is used, the specifics of the search shall not be revealed in the event that another member of the household opens the mail.

(e) Adoption search program information shall be provided to all birth parents contacted under this subsection in accordance with s. 48.433 (7) (b) , Stats.

(f) Upon completion of an adoption search, the agency shall provide the requester and the department with the same written correspondence which includes:

1. The search activities utilized and the types of information resulting from the search activities; or

2. The circumstances relating to the agency's inability to locate the birth parent or the birth parent's refusal to provide information.

(3)   Fee for adoption search.

(a) The department or the agency designated by the department to conduct the adoption search shall charge the requester a fee to cover the costs incurred in conducting the search. The fee shall reflect the amount of effort put into the search for the birth parents or birth parent information and not the results or amount of information the department or agency is able to gather. The fee may include the actual cost of locating, certifying, removing identifying information, copying and mailing existing information maintained in the internal files of the department or agency. The initial fee submitted under sub. (2) (a) 2. c. with an application for a search shall be deducted from the fee charged under this subsection. The fee charged a requester for existing record information may not exceed a total of $150.

(b) The adoption search fee shall be an hourly amount which shall represent the actual cost to the department or agency to provide the service, except that actual costs for making copies of record information may be billed to the requester in addition to the hourly fee. The following items may be included in the fee:

1. Salary and fringe benefit expenses of personnel needed to operate and manage the search activity (professional staff, clerical staff, and supervisory personnel);

2. A proportionate share of overhead expenses attributable to the search activity; and

3. Special documentable expenses such as travel expenses and long distance telephone costs if these expenses are not included in the regular rate. These expenses shall be the actual amount paid out by the agency or the department for the special item.

(c) The department or agency shall require a minimum charge up to the amount charged for one hour of service for any adoption search activity undertaken for a client, including acting on a request for disclosure of existing adoption record information.

(d) Each agency shall inform the department of the hourly fee that it charges for adoption search services. Agency and department fees may be adjusted whenever costs for providing the service change. Fees shall be recomputed at least once a year.

(e) The department or agency may require an advance payment of not more than $100 for the initiation of an adoption search. If the advance payment exceeds the fee times the number of hours of service plus special expenses, the department or agency shall refund any overpayment to the requester. When the hours of service plus special expenses equal the advance payment, the requester shall be notified that he or she has the option of either accepting the adoption search information obtained to date or making an additional advance payment for continuation of adoption search activities.

(f) The department or agency may waive all or part of any fees described in this subsection when the department or agency finds that the requester does not have the sufficient means to pay for the search.

History: Cr. Register, October, 1984, No. 346 , eff. 11-1-84; r. and recr. (1) (b) to (d), (2) (a) and (3) (a), cr. (1) (e), r. (3) (b), renum. (3) (c) to (g) to be (3) (b) to (f) and am. (3) (b) (intro.) and (c), Register, January, 1993, No. 445 , eff. 2-1-93.

Note

Application forms may be obtained from and are to be submitted to: Adoption Records Search Program, Division of Safety and Permanence, P.O. Box 8916, Madison, Wisconsin 53708-8916. Microsoft Windows NT 6.1.7601 Service Pack 1 Copies of sample, non-specific letters are available from: Adoption Records Search Program, Division of Safety and Permanence, P.O. Box 8916, Madison, Wisconsin 53708-8916. Microsoft Windows NT 6.1.7601 Service Pack 1 The department or agency cannot guarantee that birth parents will be found or that, if found, the birth parents will file the required affidavit granting authorization for disclosure of birth parent identity and location. Microsoft Windows NT 6.1.7601 Service Pack 1 Examples of overhead expenses that can be taken into account when computing fees are rental of space and equipment, utility costs, local telephone costs, depreciation of buildings and equipment, interest payments, materials, supplies and postage. Microsoft Windows NT 6.1.7601 Service Pack 1